Booby Traps Series: Lawmakers have expanded our rights to pump at work. Now the hard part.

Written by Tanya Lieberman, IBCLC

Pumping at work isn’t easy. I remember how much time and commitment it took when I did it, nearly ten years ago. And I had the best set up you could imagine: my own office with a door, near complete flexibility with my time, a supportive employer and co-workers, and a good pump. Two years prior, California had become one of the first states to guarantee my right to a place and the use of break time to pump. But my situation was so ideal that I never even needed to learn the requirements of the law. The worst problem I faced (apart from the monotony of pumping) was explaining to the people staffing the x-ray machines at my workplace entrance, on a daily basis, that the electrical device they were viewing on their screens was a pump, not a bomb.

Not so for many moms around the country at that time. I’ve helped many women with tight work schedules (such as teachers who get 20 minute lunch breaks) figure out how to pump at work. One mother stands out most clearly: Four or five years ago, when I was working in a Massachusetts hospital, I helped a mother who was planning to return to work – in a slaughterhouse. Her state didn’t (and still doesn’t) protect her right to pump require that she have a place to do it, and the Affordable Care Act was not yet law. She knew she was facing an uphill battle with her boss, co-workers, and challenges presented by the nature of her work and the kind of facility in which she worked.

These days this mom would likely be protected under the Affordable Care Act. And if she’s lived in one of 24 other states, or the District of Columbia or Puerto Rico she would have had the support of their pumping laws.

Since the 2010 passage of the Affordable Care Act (and it’s subsequent upholding this year by the Supreme Court), many women in states not covered by state laws have gained rights to pump at work, too. This act also paved the way for a mandate on insurance companies to cover pump rentals.

Implementation of new laws is often bumpy, and sometimes problems make it into the news, such as these recent stories of a 911 dispatcher in Colorado and this teacher in California (both states which have their own pumping at work laws). And the federal Department of Labor reports having cited 23 companies for failure to comply with federal law.

Getting legislation passed is a tough job that can take years and a lot of effort. But I think that the truly hard part is the “ground game.” Making sure that moms and employers know about the requirements of the law is a crucial tep, which is why I’m happy to be working with United States Breastfeeding Committee to spread the word.

In the end this all comes down to moms and employers doing the hard work of making the laws a reality. Do they know about their rights under state and federal law? How will they make it work? What private place (not a bathroom!) will be used for pumping? Will they go above the requirements of the law and provide (as some universities do) a hospital grade pump for moms to use? If some moms in a company’s employ are covered by the Affordable Care Act but others are not, will they cover them all? Implementing the law requires knowledge, skill, and in some cases creativity.

Pumping at work isn’t easy. And for some moms it’s really tough, even under the best of circumstances. But we’ve made tremendous progress in the law since the days when I was pumping. Now the hard part, mom by mom, employer by employer.

Did you or do you pump at work? How have state and/or federal laws affected your experience? What has been the most challenging?

5 Responses to Booby Traps Series: Lawmakers have expanded our rights to pump at work. Now the hard part.

I’m a teacher and pumped last year from October 2011 through May 2012. It was hard! My principal was very accommodating and I doubt I would have succeeded without her help. I teach 2nd grade and have children in my classroom from 8:30 a.m. until noon when they go to recess. My principal arranged for two math aides to cover my class from 10:00 to 10:30 every morning and I pumped in a closet in the teachers’ lounge. I also pumped at noon when the kids were at recess. That was the most I could squeeze in on a work day so I also pumped once or twice at home in the evenings. I would do it again but I am so glad it’s over. Now I’m nursing a 17 month old and goodness is it easier! I LOVE nursing my toddler (and not pumping). 🙂

Amazing story and so encouraging! Thank you for being such strong woman that stands for what’s right for both your children and you. I mean you have such strong courage and love that it is impressive! Most women would quickly quit and will simply find formula for their children (that is what a good majority of women have been doing for centuries now). We need more women like you that have this tremendous courage and determination to move on with our heart desires and not just with what other people think or say. Kudos to you!

I am finding that many women in the hospital delivering babies do not know that insurance companies are required to pay for breast pumps. The wording of the law says that breast feeding support, supplies and counseling will be covered. It is harder to quantify support and counseling. I have spent hours looking for particulars on what exactly should be covered. The biggest holes I see in breast feeding help is education prenatally and help postpartum. Thank you for your post. I applaud you.

I know that Best for Babes is collecting data about nursing in public, but I don’t believe they are about employer violations of state or federal law. The US Breastfeeding Committee may be collecting this information, though.